THE MSHEiLLE CITIZEN so The Want Ad Phone VOL XXV, NO. 100. ASHEVILLE, N. C, THURSDAY MORNING, JANUARY 28, 1909. PRICK FIVE CENTS. AFTER STORM, WHAT WILL THE MR. WILLETT'S SPEECH TAKEN DRUNK WHEN 'SOLICITORS CHOSEN JUROR i BILL FAILS ON HARVEST BE? Much Speculation as to the FROM RECORD HE CONFESSES! THIRD READING Rut ('hums He Never Said Proposition to Fix Solioi Ciinnaek Should Have tors' Salaries nt $2,250 Been Killed. . , Defeated in House. - House Adopts Report of the Aftermath of the Libel Suits. Special Committee On His Speech. THE WEATIJEEs - Calfiornia Doesn't Seem to Care for Him st'Ai i ') Slav SOME DEPLORE PRESIDENT'S MOVE Some Republicans and 'Dem ocrats Agree on the Mat ter of Precedent. BV TAV. (Special Correspondent of The Citleen) WASHINGTON, Jan. 27. "What III be the after-effects of the j pre cedent now, being established by Pres ident Roosevelt, in having hts attor ney general proceed' against newspa ptti that have adversely criticised the Republican, administration?" This question is being discussed in many quarters In the national capital. Not only democrats are aroused on this subject. Many republicans who do not coincide with all of the pres ident's policies are frequently seen gathered In groups in the' lobby of seme hotel, or In the smoking or Com mittee rooms of the house, exchang ing views on the Roosevelt's newest enterprise. In private conversation no small number of the national law makers have hesitated to disagree with the strenuous one's aotion. As to Precedent. "As to the merits or demerits of the case the president has seized upon to establish a precedent. I have noth ing to say," with a colleague. "What I object to Is the president's action In setting ah example for Other presl d nt's to follow. The principle of freedom of speech Is involved. Evils such as may follow the action of the piident sometimes have small be ginning. For instance a succeeding president may use the government machinery against some newspaper, when tfeat president had a little less cause for doing It 4han Mr. Roosevelt had. But that president may say: "I am only following the? precedent safe by President Roosevelt. .'The same thing ras been "done before.'1 Each pnsldent could order his attorney general to proceed against soma or gan that had criticised his adminis tration. Each one could do so on Just a little less Justifiable grounds, a' ways pointing to a preceedtng case, in; 1 1 taking the position he Is justi fied In his action by precedents." 1 is being recalled that wfcthin the last two years repunliean leaders in-.ttf-duced bills, which, had they be come laws, would have effected free speech and placed in the hands of the postmaster general the power to Imve barred newspapers practically nt his discretion. In the llrnt session of the Sixtieth congress Henntor Role Penrose, re publican, of Pennsylvania, introduced the following bill, which is self-explanatory: "Be It enacted by the senate and hot se of representative of the United Sli.les of America in congress assem bled, that section thirty-eight hun-j dix.; and ninety three hf the Revised Stotutes be. and the same is hereby, ai:. ended by adding 'And where any issue of any periodical has been de clared nonmailable by the post-office department the periodical may be ex cluded from second-class mall priv eleges at the discretion of the post master general" EESOLUTIONS BY MINE WORKERS (By Associated Press.) INDIANAPOLIS, Ind.. Jan. 27. Beginning with dlssentlon between the two factions into which the l.00 delegates ar divided, today's session of the United Mine Workers of America closed With concordant action on numerous resolutions, the most Im portant of which recommended moll ifications In court procedure in regard to injunctions. It was the sense of the convention that a restraining order should not he Issued on application of an em ployer unless the employes against whom the order was directed had first been advised of the action and given a chance to appear in court; that in the case of a contempt pro ceeding growing out of alleged vio lation of such an injunction, the hearing should be before another judge than the one that issued the writ and the trial should be by Jury. WITH TRIUMPH NEAR AT HAND GREATFRENCH ACTOR PASSES AWAY (By Associated Press.) PARIS, Jan. 27. Benoit-Constant Coquelin. the great French actor, whose culminating triumph has been awaited In Edmond Rostand's "The Chantlder." which is now being re hearsed, died last night at Pont-Aux- Dames, 8elne-Et-Marne The French press pays a high trib ute to the genius of M. Coquelin. whom It considers to have been one of the greatest theatrical figures of the age. Almost all the papers re call his latest success in Sardon'a "The Poison Affair.", The Tempts says "M. Coquelin will be mourned by every on; by the authorities of whom he was tha brilliant Interpreter;- by the public, of which he was the idol; by DENOUNCES TIRADE AGAINST. PRESIDENT Committee Draws Distmc tion Between "Impeach ment" and "Criticism." (By Assoclsted Press ) WASHINGTON, Jan. J 7. The house. with hut a few faint "nays," today adopted the report of t(ie special com mittee on the'Willett speech. Representative Mann of Illinois, chairman of the special committee, presented the report, which, rfe said, represented tho unanimous opinion of that committee. After the report had been read. Mr. Mann offered to yield time to any member wishing to ais. eiiKS the reoort. but as none evinced a desire to do so, th solution strik ing out the speech was passed un hardly a dissenting voice. " Declaring that "the consideration of the speech In question Involves a consideration of what is and what Is not orderly debate in the house." the committee's report defines the privi leges of members of the house and the limitations of debate. It discusses at length the relationship of the two houses of congress and the relations which must be maintained between the house of representatives and the president, in accordance with the con stitute. ''Personal Criticism." The report declares that it would seem that' the "peculiar constitutional duties of the house In relation to the power of Impeaching the president do not preclude a clear line of distinc tion between that criticism of acts and conduct necessary for perform ance of the constitutional duties of the house, and a criticism merely, per. sonal nt Irritating." It also claims that it Is especially tho duty of the house Itself to protect the president from that personal abuse. Innuendo or ridicule tending to excite disorder n the house itself and to create a personal antagonism on the part of the president toward the house, and which is not related to the power of the house under the constitution to examine into the acts and conduct of the president. "Yottr committee has carefully considered the remarks of the gentle man from New York," continues the report, "and find that his remarks concerning the president are not Justi fied by any consideration .of the con stitutional duties or powers of the house; that they transcend proper limits of criticism in debate: that they are destructive of that courtesy, respect and dignity which ought to be preserved, and that they ought not to remain in the permanent official record of the proceedings of the house." I Objectionable Remark. The committee claimed that it was impossible to separate the objection able remarks from the remainder of the speech, and that the only way to eliminate the remarks considered out of order would be to strike out the entire speech. It cited as a precedent for sich action by the house the speech of Robert P. Kennedy of Ohio, attacking the senate, made in the house on September 3, 1890, which was excluded from the permanent record. In his letter to the committee Mr. Wlllett claims that he did not trans cend the rules of the house, but that he was entirely within his rights to make the speech under the order of general debate. "I-'reedom of speech has always been held so sacred," he declares, "that the utmost latitude has been allowed in debate, and I re spectfully submit that to strike my speech from the record In this In stance will establish a precedent ex tremely dangerous." The resolution recommended by the special committee for adoption b the house reads: , "Resolved, That the speech of Mr. WiHett, printed in the dally Congres sional Record of January IS. 191S. contains language Improper and In vi olation of the privileges of debate, and that the same be stricken from the permanent record." ' the great and humble, and poor act resses, of whom he was the benefac tor." ' The funeral of Coquelin will b held January It. The death of it. Coquelin is an In calculable loss to the French stage. Only a few days ago H. Rostand, who recently has .been giving the finishing touches to "The Canticler," arrived in Paris from Cam bo, and he was ready to begin the rehearsals of the play In which M. Coquelin. who bad the leading role, was expected to du plicate his famous success obtained lit M. Rostand's "Cyrano de Bergera." M. Coquelin succumbed suddenly at midnight to aa acute attack of sbb-bollsm. TRUST LAW IS OBJECTED TO BY DELEGATION Wilson People Think ' No Good Can Come From Ousting Tobacco Co. MINORITY REPORT . ON INTEREST BILL Measure to Allow Eight Per Cent Interest Voted Down by Committee. fSpsclal to The Cit.lt.en.) RALEIGH, Jan. 27. Subsection 'A " of the famous "teeth" of the state anti-trust legislation was under (lis for an hour before th senate udlelary committee while, the com mittee was hearing a delegation from Wilson presented by Senator Dunes, of the Wilson district. In presenting the delegation and later in closing the discussion, Sen alt r Dawes declared that what the pet pie of his section want is to Te let alone at this time and be allowed o re-establish themselves In a busi ness way, and that they feel that no good purpose could be attained at this ima by driving the American Tobac- o company from the state as tflls bill for sub-section "A" would cer tainly do. T. M. Washington Vind S. W, Smith, headed the Wilson dele gation and were the principal speak ers During the hearing, complaint wis made thatt his bill, aimed,- as tli charged, directly as the American Tobacco company, should have been ntroduced by a senator (Lockhardt) from a county in no way interested n the manufacture or cultivation of tho tobacco. Eight Per Cent Interest The bill by Senator Ray to permit eight per cent Interest in North Car olina when the parties especially con tracted for that rate gave rise to a Itily discussion before this commit tee, before the committee finally vot ed 10 to 3 for an unfavorable report. Senator Kluttx, Senator Lockhardt and Senator Fry advocated the bill. claiming that it would bring a great deal of money into the state and stop a lot of that was now leaving the ststc. Senator Kluttz claimed thai big Nctth Carolina insurance companies are sending money out of the state for Investment on this account. Sen ator Fry and Senator Loekhardt claimed that already it Is not possible t brrow money at six per cent in any section of tho state. Senator Fry rln'med that a man should have the right to set a price on the use of his mcney just as he has on any other property. There Is to be m minority report an a further contest on the floor of the senate. Another bill that Is reported un- faorably and Is to be given stand ing on the floor of the senate by a miccrity report Is that by Senator Gay for the punishment of drunken- msj. designed, the-author says, to help In breaking up "blind-tigers." The committee reported favorably a bill to authorize the register of deeds of Durham county to appoint a dtputy to act m all matters as dep uty and legalizing acts of such s dcioty In the past. The committee expressed conviction of h need of a fentral law authorizing; such dep ortee and such a bill Is to be pre pared for the whole state. IS KING DEAD. (Bv Atsoclsted sm.i LONssON, Jan. t7. No conflrma- ton can be had of a report published In a Paris newspaper that King Metellk f A basins is dead. REPLY TOf RAINEY'S ADDRESS AGAINST CANAL! TRANSACTION j .. ... Weeks Bays References to Purchase of Ships Were RAINEY FIRM. (sty Assocltud Press.) WASHINGTON,, Jan. 47. A reply to the speech delivered in ths house yetserday by jfttpresentatlv Ralney, Illinois, upon th Panama canal, was made tod ay y Rtpreseatatlva Weeks, Mossachusetts. . 1 Mr. 1 Wek con- .ftttwJ - his ' MnmA! ss-ita Mr. -ttataay' referents to the purchase of the Shawmut and Tremont by the gov ernment for use by the Isthmian can al commission. Hs declared that if the other statements In Mr. Rainey's Sf.eech Were no snore correct than those regarding the -purehane of the two Vessels, the entire speech, should b referred to thu "realms of fancy " Ho also sul'l there had been no secrtcy about the transaction and strongly res. nt' d any reflection on the Integrity of Sniator LiOdge of Massa chfsetts. Mr- Rflin-v declared Mr. Weeks had not "pi ""t ' ted too mm b." Mr. Ruiney rr p.;it.l his statement made ycMlerday thul through amendments by Senator I ...due the Isthmian canal commission w.i- compelled to take two ships tiny did not want, and that tho ships In I'lestlon belonged to Eki.ator l.ol. ronstltuterit "Now, wlt'i his knowledge of our mere-hunt marine." he . wiulmed, "It N Impos sible for me t reach the ri.mlu.Hl'in thi.r those tw- ships and no other two ships In "II the world milil b bot ght under ins amendmentH " Mr. Hfilney lieid up to m w the amendments r. f-rred to anil com menced to dim them, when lie was halted by th- ehalr with the Ktxite mcnt that In i ould not dlwuss pro ceedings in Hi- senate. Mr. Itainey ..iter revived the sub ject. He rl-: .i-d that If the l iilted SUites wanted if) build the, canal it should not be made "the dumping ground f"r . thing an;, body doe not need an longer and want to sell." Mr. Week r-pllcd that th" ship)" had been s.dd iy the Hoston Steam ship com pan. for sixty cents on the doMar of th :r value and said thai If what Mr I: .iney had said was trio thfy could lii-ler me I"lKe amend imnts, be tiine-d over at un-e to tin r-avy as wen able colliers. FILES PAPERS AGAINST ACTRESS (By Associated Prett ) NEW Y'l:K- Jan. 27. rhatjes V. Llttleticld. trustee In bankruptcy for A. (i. l'.' iwn tc Co.. the defunct brokerage tinn. filed papers In action In the I'nit' l states district court to day again-i K'ina Wallace Hopper, the actr-s!c md A. O. Brown, head Of ths Insolvent firm, asking the de fendants to ,.t count for the value of an automohi c and a life insurance policy and Judgment to that amount. Tho automobile Is valued at $7-'.')0, and the ,,nii. was for $25. '). Mr. l.ittlf'uld says these things were given the actress by lirown without proper consideration iFAirc WASHINGTON Jan. 27. Forecast for North Carolina:'.: Fair Thursday; ITrMsir unsettled, with orohably show ers In west portions light variable winds. . COMMISSION ON NAVAL AFFAIRS IS APPOINTED Announcement of Presi dent's Action Entirely Unexpected. COMPLETE SURPRISE TO SECY NEWBERRY Members of Commission liiitely Endorsed Reor ganization Plans. (By Aisoclatsd Pratt.) WASHINGTON', Jan. $7. Presi dent Roosevelt Is of the opinion that the organisation of th navy depart ment Is not such as to bring the best results and today he appointed a com mission whose duty will be "to consid er certain nerds of the navy," The president's action was somewhat of a surprise In view of tb fact that the members or the commission appointed today, two weeks ugo met at Wash ington and endorsed Hecretary New berry's plan of re-orgunlzatlon, and In view also of the authorisation by the senate of an Inquiry Into nsval ex penditures, the conduit of business ii nd Hie need. If any. of legislation to Improve the administration of the navy d parlmcnt. Announcement of the presidents action was entirely unexpected at the navy department. Secretary New berry, who today had Issued an order carrying out tils proposed plan, with particular reference to the navy yards. appeared to be I he must surprised of all. He declared that he was not aware that the president had taken such ac tion, had noi seen the letter of ap pointment addressed to the various members of the commission and did not know the purport of the letter ad dressed to them. Ills llrnt Informa tion on the subject bud come to him from the priv-s. The president has sent Identical let ters to each of the eight members of the commission, which is headed by Pun! Morton, a former secretary of the navy. Judge A. i. Kuyton, former Iv i huirrriun of the house naval affair committee. hihI Cear-Admiral S. Ii. I. nr.-. A. T. Million. William M. Kolger. I'.obley I'. Kvuns and William S. Ciwles, nil of whom are on the retir ed li-t He Kctrfi out certain subjects for the commission to consider under two general heads, llrst. as to the fun damental principles of an organization that will insure on efficient prepara tion for war In time of peace and sec ondly specific recommendations as to the chunges In th present organisa tion that will accomplish this result. Tin- I' Iters is as follows: January 27, l'J0. "My I"ar Kir: "I hue appointed you as a mem ber ol the commission to consider certain needs of the navy. The or ganization of the department Is now not such as to bring the best results, and there is a failure to coordinate the u.ri r the bureaus and to make the j department serve the one end for whlrh It was created, that is, tne de velopment and handling of a firstrlass fighting sas t. With this proposition In view wllfask you to consider: "I. All defects In the law under which the navy department is now organized. Including especially the de feats by which the authority of chiefs of bureaus is made In certain respects practically equal to that of the sec retary or the president. 2'. The division of responsibility and consequent lack of co-drdlnatlon in the preparation for war and con duet of war. "J. The functions of certain bu reaus, so as to see whether it la not possible to consolidate tbm. "i. The necessity of providing- the iCentinuaf mi ssfls fsur.) WHOLE DAY SPENT IN EXAMINATION Leigh Advised to 4iCut Out", the Two Little Drinks a Day. (By Attoelatsd Prttl) NAHHVIM.E. Tenn., Jan. $T. Ths first day of the second week of tho trial of Col. Duncan n. Cooper, Robin Cooper and John 3harp for the slaying o( former Senator . H. W. C'armsck closed this evening with no further progress In ths selection of the jury, Deputy sheriffs are riding the county to summon the third Venire of five hundred Ulesmen( which will report Friday, But, If no progress was mads In completing the Jury, It at least was not depleted. Judge Hart spent th day hearing testimony 'as to the competency of Juror Lisiglf and in formulating a definition of drunken newt. About sixty witnesses wr eg amlned on both aides. Those tor the state were quits positive that Leigh was drunk when selected, and was an habitual drunkard. On man swore that Leigh' had De clared that Car mack was a "blank. blank, and should have beer) killed long ago. Others said be had ex pressed the opinion that Hharp was Innocent and that the Coopers were justifiably provoked, On the side of the defense, ths witnesses admitted Leigh was a drink. Ing man; that he had' taken "a few" the day he was chosen on the Jury, but they Insisted he was not drunk within the definition of Judge Hart thai Is, that he was not making a publlo nuisance of himself. ft. H. 'Bherrin, a metnber of.the grand Jury, called) by the defense, thought Leigh wat sober on last Wednesday. On cross-examination he vlg-orjiuaty. denied that after he hail gone on ths bond or rormer rwierirr Cartwrlght, arrested for perjury In connection with' this rase he had said, "Never mind, Tom, this charge against you will have to coins before me In the grand Jury room." Kplalns Charges. After both sides had closed, Judge Hart called Juror Leigh, esplalrtod the chargs to him and told him, his! privileges. 1 j "I was drunk on Tuesday." Leigh promptly agreed," "and also on Wednesday morning, the day I was selected.- I never said earmark should, have been killed long ago," He said he had declared a belief In Hharp's innocence, but denied lay ing anything about the Coopers'. On cross-examination, he qualified his ad mission of drunkenness mid declared what he meant was that he "was a! little drunk" those two days. i "You mean you were under tho In-1 fluenre of llnuor the dav before ymi were selected slid on tlm day Itself?" "Yes, sir " "But nut drunk?" "No sir: when I'm drunk 1 don't know anything." He admitted that he had been hav ing two drinks a day since being on the Jury, The court ordered I.elh returned to the Jury room until his eHe whs decided, and he was advised to "cut nut" the two little drinks a day here after. Attorney-fieneral McCarn asked that an order be entered prohibiting the serving of liquor lo the Jury, and the court so ordered except In the rase of Juror Whllworth, whose phy sician prescribed It, Judge Hurt then said he would list en to discussions on the ciise in the morning, at which time, too, the charges against Juror Jackson will ba considered. SPRING GUN KILLS YOUNG MAN (By AitoclaUd Pi-mi ) JOHNHT' .". I'm , Jan. 27.--A sprint! gun set for the purpose of shooting burglars at the store of Miller and Sailor, at ic.-rd;ie. claimed Its tlrt victim todav when a voiiiik man who gae his name lioth as William Andnr n in and William I'hillips, died at a liM.al hospital GENERAL DEBATE ON POSTOFFiCE, APPROPRIATION BILL RESUMED (By AiiotilUd Press.) WASHINGTON', Jan. 27- Oeneral debate on the postoffico appropriation bill was r-siimed In the house today. Representative Lever, South Caro lina, spoke In favor of the. parcels pofct. and Representative Klnley, South Carolina. In the course of bis ren srks declared that the bill re ported by the postal commission for re-organising the postal service should not be passed at this session. When the bill was read for. amend ment, the provision covering ths par diem allowance of Inspectors as well as their traveling expenses were stricken out on points of order. A storm of debate was raised by an amendment by Mr. Gardner, Mass i SENATE ADJOURNS IN . ! HONOR OF OOMPERS for Appropriation for. stonewall Jaefcson School- Introduced. (Special te The Cltlien. , . ItALKIUH. Jan. T, The solicitors' I salary bill Was killed Jn the house to 'day on Its thlrd'ruadlug by ft vote or It to II. Thr was more debate bofore the denth, but hf no, means en. lengthy as was the argument yesterdnjr. The bebature today were Messrs. Tunings ton and Hayes a gainst and Henderson ami Kelly for the measures. .Mauy amendments were offered.; Wit all were voted dottn' except one by Mr, Knunce to prevent solicitors from drawing the tit now paid out pt the state treasury. The bill as defeated was the seme that was passed on ond reeding yesterday, the Koonce bill as amended to mnke the salary 12,250 Instead of 17 56. , , sTlw ?. proposition wae never voted on yesterday directly, the $,25U amendment bavin been passed by the house In Its order of precedence before the farmer .could be reached. Today ttepresentatlve , lllneadsle of Wiake offered the 2,t00 amendment, but It wag "snowed tinder" by t to 7. Then It was seen that the bill wee doomed. The hill Increasing-. the salary of the supreme court marshal from HO io ti.Sua we passed without a word, f t , " ,,,-( . New BIIU. -' ., Among the new bills Introduced In the hnuae wre! "luvln Amending the penalty law. Itevlsal Jiat'by adding; after the word "consignee": the words "or par ty damaged," so that any one dam egad by unreasonably delayed ship ment ran recover and not only the eeriNjgneet, ftt0it-M 'i-.r, ' ItodweJt To Expedite the printing of the supreme court report by al low Ing the court to give th work to any printer or more than one, not confining It to the state printer. Julian For maintenance end sup port of the Stonewall Jackson Train Ing gad Industrial school, tl MOO for 10 end I30008 for 1119 for main. tenare. and I ID, 000 annually there after, end an additional 1 10,000 each una, r,.ff '1UAa alii! i 1 tt I A fn a tt ministration building end Other neces- ' sary buildings. - Underwood To establish a new county to be called Hoke from pert of Cumberland and ftobston. ; ; ', Harrison, by request -An approprl. atlon for thi school for deaf and dumb at Mnrgnnton of $50,000 annu ally for maintenance; 140,000 for erecting and equipping a primary building: ID.aOo for painting and re pairing buildings and renovating bulk or bouse; fnofl for specialist on eye, : ear. throat and teeth, cnnnor Appropriation for State . Normal and Industrial college at Greensboro, 1100,000 annually for . support: 1 50,000 for 109 and 130,600 for lm In addition for erecting and equipping Inllrmiiry and Increasing1 dnrmllory capacity. Connor for the protection of em-v ployrs of common carriers as to con trlhiitory negligence and liabilities. The bill Is modeled after the federal laws as to liability of employer for the acts nf employes. (Irani Providing punishment for election officers Who refuse to allow persons to wile who exhibit a poll tax . receipt bearing date of May 1, or prior thereto, of the year In which any elector proposes to vote and who refuse to allow1 such elm-tor to taks the other prescribed. Myatt Amending the prohibition law so hn to permit the people of Johnston county to manufacture and sell chier, wine and brandy, mads from fruit grown on their own land. In Honor of CinnirM-rs. In the senate there was another long discussion of the gams laws. The -j,.-. ific bill under discussion and finally passed being that to permit a non-resid. nt to hunt on the lands of their fa! tier In this slate without pay Ing the Audubon tax. An amend , (Continued on gage six.) achusetts, providing for an addition al five hundred clerks, assistant su perlntcfidents, private secretaries, etc. ur tutitt nt lh II 1 0A elfljw. Ttljt : am i orters of the proposition were In the majority and the amendment was e!. pled 71 to 0. A further amend m nl was agreed to providing that the flvi hundred additional employes oC stations shall be taken from tboee of the 11,000 clas. It was brought out In th subse quent debate by Mr. Sims. Tannss- see, (bat hundred of rural carriers were acting as salesmen for' business) hoi sea, Mr. Overstreet gsv It as his opinion that as the lav we being clearly violated there should be ortm- ' Inal prosecutions. ' ' i